Nursing Law and Ethics

Nursing Law and Ethics explores a variety of key legal and ethical issues in nursing practice using a thought–provoking and holistic approach. It addresses both what the law requires and what is right, and explores whether these two are always the same.  The book provides an overview of the legal, ethical and professional dimensions of nursing, followed by exploration of key issues in greater depth. This fourth edition features updated legislation and new material on patient safety.  Key topics are accompanied by both a legal and an ethical perspective, covering both law and ethics Case examples throughout place concepts in a real–life context Written by experts in the field and includes contributions from leading nurses, lawyers and ethicists Accessible, relevant and comprehensive, this title is ideal for pre– and post–registration nurses.

Notes on Contributors vii Preface to the Fourth Edition ix Preface to the Third Edition xi Preface to the Second Edition xiii Preface to the First Edition xiv Part One: The Dimensions 1 1 The Legal Dimension: Legal System and Method 3 John Hodgson 2 The Ethical Dimension: Nursing Practice, Nursing Philosophy and Nursing Ethics 22 Alan Cribb 3 The Regulatory Perspective: Professional Regulation of Nurses and Midwives 34 Fiona Culley and Anupama Thompson 4 The Complaints Dimension: Patient and Family Complaints in Health Care 51 Peter Walsh 5 The Policy Dimension: Moving Beyond the Rhetoric Towards a Safer NHS 68 John Tingle Part Two: The Perspectives 99 6 Negligence A The Legal Perspective 101 Charles Foster B An Ethical Perspective – Negligence and Moral Obligations 118 Harry Lesser 7 Consent and the Capable Adult Patient A The Legal Perspective 128 Jean McHale B An Ethical Perspective – Consent and Patient Autonomy 151 Bobbie Farsides 8 Responsibility, Liability and Scarce Resources A The Legal Perspective 166 Tracey Elliott B An Ethical Perspective – How to Do the Right Thing 192 David Seedhouse 9 Mental Health Nursing A The Legal Perspective 201 Leon McRae B An Ethical Perspective – Compulsion and Autonomy 235 Harry Lesser 10 The Critically Ill Patient A The Legal Perspective 249 Jo Samanta B An Ethical Perspective 271 Robert Campbell 11 Clinical Governance A The Legal Perspective 286 Vanessa L. Mayatt B An Ethical Perspective 304 Lucy Frith 12 Clinical Research and Patients A The Legal Perspective 320 Natasha Hammond–Browning B An Ethical Perspective – Nursing Research 358 Richard Ashcroft 13 The Elderly A Older People and Nursing Care 368 Jonathan Herring B Person–Centred Care, Personal Identity and the Interests of People with Dementia 394 Michael Dunn Table of Cases 401 Table of Statutes 410 Index 413

John Tingle is Head of International Development and Reader in Health Law at Nottingham Law School, Nottingham Trent University. Alan Cribb is Professor of Bioethics and Education at King’s College London and Director of the Centre for Public Policy Research.